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2002 Supreme(AP) 833

A.R.LAKSHMANAN, G.BIKSHAPATHY, GHULAM MOHAMMED
P. Gokul Anand – Appellant
Versus
Commissioner of Prohibition and Excise, Hyderabad – Respondent


AR. LAKSHMANAN, C. J.

( 1 ) HEARD Sri M. Govind Reddy for the petitioner and the learned Government pleader for Excise for the respondents.

( 2 ) THE owner of the vehicle bearing no. AP 11 T 1998 is the petitioner in this writ petition. On 22-12-2000, the Sub-Inspector of police, Rayadurgam conducted a route watch at Khajaguda, stopped the autorickshaw and found 500 polythene sachets of I. D. liquor being illegally transported and registered a case in Crime p. R. No. 22/97 dated 27-2-1997 for an offence under Section 8 (b) read with Section 7-B of the A. P. Prohibition Act, 1995 and arrested the accused and also seized the autorickshaw. A show-cause notice was issued on 17-3-1997 as to why the vehicle should not be confiscated under Section 12 of the A. P. Prohibition Act, 1995 and Secs. 45 and 46 of the A. P. Excise Act, 1968, as amended in Act No. 20 of 1994 dated 20-5-1994. The show-cause notice was served on the owner on 20-12-1999. The owner submitted his explanation through representation dated 29-12-1999 stating that it is the mischief of the driver and he has no knowledge of the offence. The Deputy commissioner of Prohibition and Excise ordered confiscation of the vehicle i










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